Del. P.J.I. Crim. No. 11.854(b)

IDENTITY THEFT

In order to find Defendant guilty of Identity Theft, you must find the State has

proved the following three (3) elements beyond a reasonable doubt:

(1) Defendant obtained, produced, possessed, used, sold, gave, or transferred

personal identifying information, belonging or pertaining to another person, without

consent;

(2) Defendant facilitated the use by a third person of the information to

commit a crime; and

(3) Defendant acted knowingly or recklessly.

“Knowingly” means Defendant was aware Defendant was facilitating the use

by a third person of the information, without permission, to commit a crime.

“Recklessly” means Defendant was aware of and consciously disregarded a

substantial and unjustifiable risk another person’s information would be used by a

third party, without permission, to commit a crime. Defendant’s risk was of such a

nature and degree that Defendant’s disregard of the risk was a gross deviation from

the standard of conduct a reasonable person would observe under the same

circumstances.

“Personal identifying information” includes name, address, birth date, Social

Security number, driver's license number, telephone number, financial services

account number, savings account number, checking account number, credit card

number, debit card number, identification document or false identification document,

electronic identification number, educational record, health care record, financial

record, credit record, employment record, e-mail address, computer system password,

mother's maiden name or similar personal number, record or information.